How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102320
Experience:  Attorney
Type Your Landlord-Tenant Question Here...
Ely is online now
A new question is answered every 9 seconds

how do I evict x gf from my house we do not have a lease and

This answer was rated:

how do I evict x gf from my house we do not have a lease and I have been paying her way
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Unfortunately, this happens more often than you would imagine. The good news is that you can evict her, but certain procedures have to be followed.

She is a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her.

However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction and may not wish to be humiliated in Court and have an eviction affect their credit history.

So here, you may:
1) Give her notice to leave and if she does not;
2) Evict her as though you would a tenant; and
3) Have the authorities remove her by force if she does not leave; and
4) Change the locks.

Although a notice to quit (i.e. notice to leave) for a tenant at sufferance is often not even necessary, it is good practice to give her at least 3 days notice in a NOTICE TO QUIT before filing an eviction. Let me know if you need a sample NOTICE TO QUIT letter.

An eviction in Virginia is called an unlawful detainer action. The step by step instructions and the form may be found here. It is very easy to do. You can do this yourself or have an attorney do this for you.

If she does not leave by the time of the eviction hearing or after, again, a Writ may be filed and the authorities will remove her by force.

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely and other Landlord-Tenant Specialists are ready to help you
Customer: replied 4 years ago.

she has been living there rent free for five years. will it make a difference


Thank you for your follow up. Not at all. A tenant at sufferance maintains that designation unless they enter into a paid lease with the owner.

She cannot claim any "squatters rights" if this is what you mean.

Related Landlord-Tenant Questions